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Full-Text Articles in Law
The Process Geography Of Law (As Approached Through Andalucian Gitano Family Law), Susan G. Drummond
The Process Geography Of Law (As Approached Through Andalucian Gitano Family Law), Susan G. Drummond
Articles & Book Chapters
Comparative law and legal anthropology have for long theorized on the basis of a traditional geography which saw states, regions, locales and social fields as having durable boundaries containing stable and homogenous cultures. This idea of place is now undergoing a massive transformation in response to the effects of and theories about globalization. The emerging ‘process geography’ rejects these traditional ideas, arguing that they are not, and indeed have never been aspects of reality, which is better represented by an imagery of processes. However, it is argued here that globalization is not a synonym for homogenization, nor has place suddenly …
Parallel Proceedings-Converging Views: The Westec Appeal, Janet Walker
Parallel Proceedings-Converging Views: The Westec Appeal, Janet Walker
Articles & Book Chapters
The flexibility afforded by new rules for jurisdiction and judgments creates opportunities for parallel proceedings and the potential for inconsistent results. Could mechanisms developed in other systems be adopted, such as the lis pendens rule in Europe, or would they merely replace the 'race to judgment' with a 'race to file'? What might a "made in Canada" solution look like? Would it succeed in preventing abuse without compromising fairness in the individual case?